Legal Question in Family Law in Louisiana

Child Snatching

My boyfriend has taken my son, and neither one of us has legal custody of him. He is refusing to tell me where he is or allow me to see him. My son is 11 months old, and I feel that he is in danger from my boyfriend. There are already charges of domestic violence pending against him, but the police say there is nothing I can do to get my son back. What are my recourses? Thank you for your attention in this matter.

Asked on 11/22/98, 10:15 pm

2 Answers from Attorneys

Darrell Hickman Spears & Hickman

Re: Child Snatching

You need to consult with an attorney. If there has been no custody order issued by the court and your boyfriend is the natural father of the minor child, he has the right to have the child live with him, just as you have. The police will not usually get involved in cases such as these. You need to file a petition to establish custody as soon as possible

Darrell Hickman

Ellis, Spears & Hickman

1771 Jackson Street, Suite B

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Answered on 1/07/99, 10:32 am

Lawrence (Larry) Hoffing New Orleans Law, LLC

Re: Child Snatching

This is a general reply only and you should consult your attorney. The police are right if your boyfriend is the father. Kidnapping does not cover a natural father taking his own kid unless it violates a custody order. I suggest you get into court first and file a petition for custody. good luck.

Lawrence (Larry) Hoffing

New Orleans Law, LLC

12621 River Rd.

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Answered on 1/06/99, 4:16 pm

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